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contrary to the implications of the advertisements in some estate planning attorneys dying without a will is not inherently catastrophic while wills and substitutes such as trusts are strongly recommended for many people for a variety of reasons all states have rules governing distribution of the assets of a person who dies without a will a person who dies without a will is said to die intestate and the rules that deal with this scenario are the rules of intestacy while the rules of intestacy vary from state to state the common thread is that they all call for the distribution of the deceased estate to the next of kin the first in the line of succession is always the spouse of the deceased the children of the deceased or both where the deceased is survived by both spouse and children some states call for the deceased property to be distributed split equally among the spouse and children other states give the spouse at least some sort of preference over surviving children under the the
